OLYMPIA — Opponents of an assisted suicide initiative don’t want to disclose the donors behind their planned radio ads.
In a recently filed federal lawsuit, Human Life of Washington argued that it shouldn’t have to register with the state as a political action committee, because it wants to sponsor ads about the issue of assisted suicide — not ones explicitly about Initiative 1000.
The group says its free speech rights are being violated by state law that requires political action committees to register and disclose their donors.
Initiative 1000, which mirrors a 1997 Oregon law upheld by the U.S. Supreme Court, would allow terminally ill people to obtain lethal prescription drugs for ending their own lives.
Supporters need to collect about 225,000 valid voter signatures by July to get the “Washington Death with Dignity Initiative” on the November ballot. An opposition campaign has formed, calling itself the Coalition Against Assisted Suicide.
Human Life of Washington officials wouldn’t speak about the lawsuit, referring all questions to an Indiana-based law firm that is representing them.
James Bopp, Jr., general counsel for the Terre Haute, Ind.-based James Madison Center for Free Speech, said Monday that Washington’s campaign disclosure law is an unconstitutional restraint of free speech.
“People are free to discuss issues without regulation,” Bopp said. “It’s only when speech is campaign-related that it can become regulated.”
Christian Sinderman, a consultant on the Yes on 1000 campaign, said that Bopp’s assertion that the group’s proposed ads aren’t campaign-related “doesn’t pass the straight face test.”
“Obviously they’re participating in the election if they’re running an ad campaign related to something on the ballot,” he said. “This has everything to do with the election.”
A hearing on the case is set for June 6.
In its lawsuit, Human Life of Washington said that under the current state law — which the group considers unconstitutional — it fears that it will “suffer an investigation, enforcement, and penalties for not complying with Washington’s burdensome requirements for groups engaging in political advertising.”
Voters enacted the public records law with the overwhelming passage of Initiative 276 in 1972. The measure called for disclosure of campaign finances, lobbyist activity, financial affairs of elective officers and candidates, and access to public records.
In its response, the state Public Disclosure Commission, represented by the state attorney general’s office, said that Human Life of Washington “is looking to deprive the voters in Washington of the right to know who is speaking to them by attacking the definition of political committee and trying to hide the source of contributions it may receive and what expenditures it may make regarding a state ballot measure proposal, Initiative 1000.”
But Bopp cited several rulings, including one last year by the 9th U.S. Circuit Court of Appeals, that found a state may not impose PAC status or PAC-like burdens on an organization that engages in issue advocacy.
“You cannot apply PAC registration requirements to an organization whose major purpose is not advocating ballot initiatives,” Bopp said.
Last year, the state Supreme Court ruled that a political committee backed by the U.S. Chamber of Commerce broke campaign finance laws when it refused to disclose the donors behind ads in the 2004 state attorney general’s race.
The Voters Education Committee initially refused to register as a political campaign group with the state or reveal the source of its money. The committee later reported a $1.5 million donation from the U.S. Chamber, which in turn declined to reveal any of its donors, saying it didn’t raise any money specifically for the campaign.
Washington state’s Public Disclosure Commission sued the Voters Education Committee to force financial disclosure. The committee countersued, arguing that Washington’s campaign disclosure law was an unconstitutional restraint of free speech, an argument that the high court rejected.
Bopp said the high court “really went out on a limb in interpreting the statute very broadly.”
Bopp said that Human Life of Washington should be free to run ads discussing the issue, and that people who donate to the group shouldn’t have to face public scrutiny.
“When people’s private associations are disclosed they are subject to being harassed and intimidated,” he said. “Disclosure discourages association.”
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